The Maritime Labour Convention (MLC) 2006, established by the International Labour Organization (ILO), seeks to promote decent working and living conditions for seafarers globally. Ratified by 98 countries by 2020, representing 91% of global shipping tonnage, Indonesia ratified the convention in October 2016 through Law No. 15/2016. However, the COVID-19 pandemic led to a 4.1% decline in international maritime trade in 2020, impacting seafarer demand and employment. Despite the presence of 1,892,720 individuals in the global shipping workforce, many Indonesian seafarers—who form a significant part of the global labor supply—experience poor working conditions, receiving wages below contractual agreements and facing unfair treatment.
As of 2020, there were about 3.1 million Indonesian migrant workers, with approximately 38% identified as seafarers. While Indonesia is a major supplier of maritime labor, with only a 1.5% share of the global fleet ownership, many Indonesian seafarers work on foreign vessels due to the limited local shipping opportunities. This imbalance raises concerns about their treatment and working standards.
The paper emphasizes the importance of the national legal framework and the implementation of MLC 2006 in Indonesia, particularly focusing on inspection mechanisms. A systematic analysis was undertaken to assess various factors affecting compliance with the convention. The inspection process is crucial for the roles of flag states, labor supplier states, and port states under MLC 2006. A port state serves as a Control Officer (PSCO), enforcing and creating regulations to ensure ships meet necessary standards. It also has the authority to detain vessels if they pose safety or health risks or violate environmental regulations.
Following the law, flag states are responsible for ensuring compliance and conducting inspections on vessels. A genuine link principle, established under the United Nations’ Law of the Sea Convention 1982, stipulates that a ship must maintain a significant relationship with its flag state. The paper calls for a strategic framework to enhance labor inspections and improve the working conditions for seafarers, advocating for knowledge upgrades about their rights among Indonesian seafarers and a robust certification system aligned with both national standards and MLC stipulations.
Conclusively, the paper insists that advancement in the inspection mechanism, adhering to principles like prioritization and deterrence, is essential for Indonesia to effectively comply with the MLC 2006, ultimately benefiting seafarers and enhancing their welfare in the maritime industry. For further details, the full study is available in the World Journal of Entrepreneurship, Management and Sustainable Development.
References:
Camelia, A. I., & Hastuti, L. (2023). Indonesia Inspection Mechanism: A Way to Comply with Maritime Labour Convention. World Journal of Entrepreneurship, Management and Sustainable Development, 19(1-2), 39-51. https://doi.org/10.47556/J.WJEMSD.19.1-2.2023.4
